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Shirley E. Cooper filed a petition seeking an elective share and a year's support, among other things, from the estate of her deceased husband, Joseph Brightman Cooper. Jimmy B.
Cooper, Sr., Executor of the Estate of Joseph Brightman Cooper ("Executor"), answered the petition and claimed that an antenuptial agreement entered into by Ms. Cooper and Joseph Brightman Cooper precluded the relief sought in Ms. Cooper's petition. After a trial, the Trial Court entered its order finding and holding, inter alia, that the antenuptial contract was valid and enforceable and waived any interest in property owned by the other on the date of the marriage, but that it did not defeat Ms. Cooper's claim to property acquired after the date of the marriage. Ms. Cooper appeals the judgment that the antenuptial contract was valid and enforceable. We affirm.

The trial court denied Father's petition to modify custody of his three minor children, who are in the custody of their maternal grandparents. We vacate the trial court's order and remand for further proceedings.

Robert E. Cooper, Jr., Attorney General and Reporter; Clark B. Thornton, Assistant Attorney General; Elizabeth Rice, District Attorney General, and Tyler R. Burchyett, Assistant District Attorney General for the appellee, State of Tennessee.

Judge: SMITH

Petitioner, Robert Lee Adams, was convicted by a Tipton County Jury of possession of a Schedule II controlled substance with the intent to deliver and simple possession of a Schedule VI controlled substance. As a result, he was sentenced as a Range II, multiple offender to a fourteen-year sentence. This Court affirmed Petitioner's convictions on appeal. State v. Robert Lee Adams, Jr., No. W2007-00880-CCA-R3-CD, 2008 WL 2152497 (Tenn. Crim. App., at Jackson, May 22, 2008), perm. app. denied, (Tenn. Dec.
8, 2008). Petitioner subsequently sought post-conviction relief on various grounds, including ineffective assistance of counsel. After a hearing, the post-conviction court dismissed the petition. Petitioner filed a timely notice of appeal. We have reviewed the record and conclude that Petitioner has failed to show that he received ineffective
assistance of counsel. Accordingly, the judgment of the post-conviction court is affirmed.

Robert E. Cooper, Jr., Attorney General and Reporter; Michael E. Moore, Solicitor General; and Rachel E. Willis, Assistant Attorney General, for the Appellee, State of Tennessee.

Judge: WEDEMEYER

In 1995, a Hickman County jury convicted the Petitioner of four counts of aggravated rape and one count of false imprisonment, and the trial court sentenced him as a Range II multiple offender to a total effective sentence of eighty years in the Tennessee Department of Correction. The Petitioner filed a petition for habeas corpus relief,
claiming the trial court did not have statutory authority to sentence him as a Range II multiple offender. The habeas court dismissed the petition without a hearing, finding that
"[h]abeas corpus relief is not appropriate." After a thorough revieapplicable law, we affirm the judgment of the habeas court.

Norman Lipton, South Pittsburg, Tennessee, for the appellant, Bonnie Fain.

Robert E. Cooper, Jr., Attorney General and Reporter; Lindsy Paduch Stempel, Assistant Attorney General; J. Michael Taylor, District Attorney General; and Julia Oliver, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WELLES

Based on the limited record before us, it appears that the Petitioner, Bonnie Fain, was charged with one count of felony assault and one count of felony child abuse. She pleaded guilty to one count of misdemeanor assault and one count of misdemeanor child abuse. She filed a petition for post-conviction relief, alleging that she received ineffective assistance of counsel due to her trial counsel's failure to discuss the possibility of making an "as applied" challenge to our assault statute, Tennessee Code Annotated section 39-13-301, as violative of her right to privacy under the Federal and Tennessee constitutions by criminalizing corporal punishment of a child. After an April 17 and 21, 2009 hearing on her post- conviction petition, the Circuit Court of Marion County denied the Petitioner relief. After our review, we affirm the judgment of the post-conviction court.

Robert E. Cooper, Jr., Attorney General and Reporter; Clarence E. Lutz, Assistant Attorney General; William L. Gibbons, District Attorney General, and Paul Goodman,
Assistant District Attorney General for the appellee, State of Tennessee.

Judge: SMITH

Petitioner, Billy Harris, was convicted by a Shelby County Jury of one count of rape and three counts of aggravated kidnapping. He was sentenced as a Range I, standard offender for each conviction. The aggravated kidnapping sentences were ordered to run concurrently with each other but consecutively to the rape conviction, for a total effective sentence of twenty years. Petitioner appealed his convictions and sentence. State v. Billy Harris, No. W2003-01911-CCA-R3-CD, 2004 WL 1765532 (Tenn. Crim. App., at Jackson, Aug. 4, 2004), perm. app. denied, (Tenn. Dec. 20, 2004). On appeal, Petitioner's convictions for aggravated kidnapping were merged, and the trial court was ordered to resentence Petitioner. Id. at *1. This Court determined that the remainder of Petitioner's issues were waived because the motion for new trial was untimely and no
plain error existed. Id. On remand, Petitioner was resentenced to an effective ten-year term. Petitioner then sought post-conviction relief. Billy Harris v. State, No. W2006- 01150-CCA-R3-PC, 2007 WL 1946655 (Tenn. Crim. App., at Jackson, July 3, 2007). The post-conviction court dismissed the petition without appointment of counsel. This
Court reversed the dismissal and remanded for appointment of counsel and an evidentiary hearing. Id. at *2-3. After the denial of post-conviction relief, Petitioner has appealed.
We agree with the post-conviction court that Petitioner failed to show that he received ineffective assistance of counsel. Accordingly, because we determine that the post-
conviction court properly dismissed the petition for post-conviction relief, the judgment of the post-conviction court is affirmed.

Appellant, Gregory Lamour Justice, was convicted by a Davidson County Jury of facilitation of the sale of less than .5 grams of cocaine, possession of .5 grams or more of cocaine with the intent to sell or deliver, and possession of marijuana. After a sentencing hearing, Appellant was sentenced as a Range II, multiple offender to an effective sentence of fourteen years at thirty-five percent. On appeal, Appellant raises four issues for our review: (1)
whether the State failed to establish chain of custody for the cocaine that was recovered from Appellant and a co-defendant; (2) whether the trial court abused its discretion by allowing the State to introduce a second set of test results from the Tennessee Bureau of Investigation
("TBI") when the report was introduced by the State as supplemental discovery; (3) whether the evidence was sufficient to sustain the convictions for facilitation and possession with the intent to sell or deliver; and (4) whether the trial court properly sentenced Appellant. After a thorough review of the record, we determine that chain of custody for the cocaine was properly established through the testimony at trial and that the trial court properly allowed the State to introduce the test results from the TBI. Further, we determine that the evidence
was sufficient to support the convictions and that the trial court properly denied an alternative sentence. The judgments of the trial court are affirmed.

Robert E. Cooper, Jr., Attorney General and Reporter; Michael E. Moore, Solicitor General; Mark E. Davidson, Senior Counsel; William L. Gibbons, District Attorney General; and John Campbell, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: TIPTON

The Petitioner, Timothy Terell McKinney, appeals from the judgment of the Shelby County Criminal Court denying his petition for post-conviction relief. In July 1999, a Shelby County jury found the Petitioner guilty of first degree murder and attempted second degree murder. For the capital conviction, the jury sentenced the Petitioner to
death. The trial court imposed a sentence of twelve years' confinement for the attempted second degree murder conviction and ordered that it be served consecutively to the sentence of death. The Petitioner's convictions and sentences were affirmed on direct appeal by the Tennessee Supreme Court. See State v. McKinney, 74 S.W.3d 291
(Tenn.), cert. denied, 537 U.S. 926 (2002). On November 4, 2002, the Petitioner filed a pro se petition for post-conviction relief. The Office of the Post-Conviction Defender was appointed to represent the Petitioner. Evidentiary hearings on the petition were conducted on various dates in January and February 2006. On appeal to this Court, the Petitioner presents the following claims: (1) trial counsel was ineffective for agreeing to a consent order regarding discovery materials; (2) trial counsel was ineffective for failing to confront Debra Kimble with her prior statement; (3) trial counsel was ineffective for
failing to prepare for trial and present evidence favorable to the Petitioner; (4) trial counsel was ineffective for failing to investigate mitigating circumstances adequately; (5)
trial counsel was ineffective for failing to introduce residual doubt evidence; (6) the prosecution denied the Petitioner a fair trial; (7) the exclusion of the Petitioner's eyewitness expert at trial violated his right to present a defense; and (8) the death penalty is unconstitutional and in violation of international treaties. We conclude that the Petitioner was deprived of the effective assistance of counsel at both the guilt and penalty phases of the trial. Accordingly, the judgment of the post-conviction court is reversed
and the matter is remanded for a new trial.

John Pellegrin, Gallatin, Tennessee, for the appellant, Stacy N. Mooneyhan.

Robert E. Cooper, Jr., Attorney General and Reporter; Rachel West Harmon, Assistant Attorney General; Lawrence Ray Whitley, District Attorney General, and C. Rondal Blanton, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: SMITH

Appellant, Stacy N. Mooneyhan, was convicted in Sumner County of rape of a child, a Class A felony; incest, a Class C felony; aggravated sexual battery, a Class B felony; and two counts of especially aggravated sexual exploitation of a minor, Class B felonies. He was sentenced to twenty-three years for rape of a child, four years for incest, ten years for
aggravated sexual battery, and twelve years for each of the especially aggravated sexual exploitation of a minor convictions. Some of the sentences were ordered to run
consecutively, for a total effective sentence of thirty-five years. Appellant appealed his convictions and sentence. State v. Stacy N. Mooneyhan, No. M2006-01330-CCA-R3-CD,
2007 WL 3227066, at *1 (Tenn. Crim. App., at Nashville, Oct. 30, 2007), perm. app. denied (Tenn. Jan. 18, 2008), reh'g denied, (Tenn. Crim. App. Mar. 11, 2008) ("Mooneyhan I").
On appeal, this Court affirmed Appellant's convictions, but remanded for resentencing "because of irregularities in the sentencing process." Id. The trial court held a new
sentencing hearing on remand. On remand, the trial court sentenced Appellant to the presumptive sentence for each offense: twenty years for rape of a child, three years for incest, eight years for aggravated sexual battery, and eight years for each especially aggravated sexual exploitation of a minor conviction. Once again, the trial court ordered some of the sentences to run consecutively, for a total effective sentence of thirty-six years. Appellant
appeals his sentence for the second time, arguing that the trial court erred in ordering consecutive sentences. Because we determine that the trial court properly sentenced Appellant, the judgments of the trial court are affirmed.

Robert E. Cooper, Jr., Attorney General and Reporter; Sophia S. Lee, Assistant Attorney General; Charles Crawford, District Attorney General, and Michael D. Randles, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: SMITH

Appellant, Melvin Pearson Rucker, was convicted by a Bedford County jury of possession of more than .5 grams of cocaine with the intent to sell, possession of more than .5 grams of cocaine with the intent to deliver, and driving on a suspended license. As a result, the trial court merged the conviction for intent to deliver cocaine with the conviction for the intent to sell cocaine and sentenced Appellant to an effective sentence of eleven years and six months. After the denial of a motion for new trial, Appellant presents the following issues for our review on appeal: (1) whether the evidence was sufficient to support Appellant's convictions for possession of more than .5 grams
of cocaine with the intent to sell and possession of more than .5 grams of cocaine with the intent to deliver; and (2) whether the trial court properly sentenced Appellant. Because the evidence was sufficient to support the convictions and the trial court properly sentenced Appellant, the judgments of the trial court are affirmed.

Robert E. Cooper, Jr., Attorney General and Reporter; Renee W. Turner, Assistant Attorney General; William L. Gibbons, District Attorney General, and Dean Decandia, Assistant District Attorney General for the appellee, State of Tennessee.

Judge: SMITH

Appellant, Deangelo Sevier, was convicted by a Shelby County jury of felony murder and attempted especially aggravated robbery for an incident that occurred when
Appellant was seventeen years old. As a result, he was sentenced to life in prison for the felony murder and ten years for the attempted especially aggravated robbery. Appellant appeals his conviction, arguing: (1) the trial court erred by denying the motion to dismiss the indictment where a recording of the juvenile transfer hearing was unavailable; (2) the trial court erred by denying the motion to suppress Appellant's statement; (3) the evidence is insufficient to support the conviction for felony murder; and (4) the cumulative effect of the errors denied Appellant due process. After a thorough review of the record, we conclude that the trial court correctly denied the motion to dismiss the indictment and the motion to suppress. Further, the evidence is sufficient to support Appellant's felony murder conviction. Accordingly, the judgments of the trial court are affirmed.

The Defendant, Jason William Shippey, pled guilty to one count of attempted second degree murder. Pursuant to the plea agreement, the trial court would determine the length and manner of service of the sentence, within a range of eight to eleven years as a Range I, standard offender. After a sentencing hearing, the trial court sentenced the Defendant to ten years to be served in the Tennessee Department of Correction ("TDOC"). On appeal, the Defendant contends the trial court erred when it sentenced him by: (1) improperly enhancing his sentence; and (2) denying him an alternative sentence. After a thorough review of the evidence and the applicable authorities ,we affirm the trial court's judgment.

George Morton Googe, District Public Defender and Gregory D. Gookin, Assistant Public Defender, Jackson, Tennessee, for the appellant, Samuel Armod Winkfield.

Robert E. Cooper, Jr., Attorney General and Reporter; David H. Findley, Assistant Attorney General; Jerry Woodall, District Attorney General; and Shaun A. Brown, Assistant District Attorney General; for the appellee, State of Tennessee.

Judge: SMITH

Appellant, Samuel Armod Winkfield, was indicted by the Shelby County Grand Jury in January of 2007 for first degree murder, felony murder, especially aggravated kidnapping, tampering with evidence, and conspiracy to tamper with evidence for his role in the death of James Charles Haney, a college student in Jackson, Tennessee. A mistrial was declared at the conclusion of the first trial in July of 2007. Appellant was retried in January of 2008. At the conclusion of the proof, the jury found Appellant guilty of second degree murder and tampering with evidence. The jury deadlocked on the kidnapping charge. After a sentencing hearing, Appellant was sentenced to an effective sentence of twenty-five years. After the denial of a motion for new trial, Appellant initiated the appeal herein. On appeal, Appellant complains that: (1) the trial court improperly allowed the State to admit Appellant's testimony from the first trial; (2) the evidence was insufficient to support the convictions for second degree murder and tampering with the evidence; (3) the trial court improperly denied the admission of Terrence McGee's MySpace page in which he claimed to be "armed and dangerous;" and (4) the trial court improperly sentenced Appellant to a twenty-five year sentence. After a thorough review of the record, the judgments of the trial court are affirmed. We determine: (1) that the former testimony of Appellant was admissible under Tennessee Rule of Evidence 804(b)(1); (2) the trial court properly excluded the MySpace page from evidence; (3) the evidence was sufficient to support Appellant's convictions for second degree murder and tampering with evidence; and (4) under the 2005 amendments to the
sentencing act, Appellant cannot appeal the weight given by the trial court to enhancement and mitigating factors. As a result, the judgments of the trial court are affirmed.

Glenn Reynolds, a University of Tennessee law professor and founder of Instapundit.com, received the Distinguished Alumni Award from the Maryville City Schools Foundation on Saturday. "I was a geek before being a geek was cool," says Reynolds. "Nothing like a Bill Gates billionaire to make it seem more appealing to people."

In an editorial published Tuesday, The New York Times praises Attorney General Eric Holder Jr. for making it his "mission to try to narrow this gap in the administration of justice" by hiring Harvard Law School professor and constitutional scholar Laurence Tribe to head up the effort. The editorial says Tribe will be a "catalyst for bolstering stressed criminal and civil legal service providers and finding fresh strategies for serving more Americans with their urgent legal needs."

Memphis lawyer Marvin Ballin's client Dearick Stokes, who escaped during trial while on a bathroom break Feb. 13, has been found still in the city. Officers, who received a tip that he was at an area home, found him hiding in the ceiling of a downstairs bathroom.

When the U.S. Supreme Court took up the case of Snyder v. Phelps this week, First Amendment watchers took notice.
It may be a signal that the court views unwelcome speech in the intensely private setting of funerals -- especially military funerals -- as "beyond what they are willing to protect," said University of Kansas School of Law professor Stephen McAllister, who has written about funeral protests and the First Amendment. "It will be an interesting case. The justices might not line up in the way they usually do."

U.S. Chief Justice John Roberts said Tuesday the scene at President Barack Obama's first State of the Union address had "degenerated into a political pep rally."
He said the "image of having the members of one branch of government standing up, literally surrounding the Supreme Court, cheering and hollering while the court -- according the requirements of protocol -- has to sit there expressionless, I think is very troubling."

The Jackson Sun comes out with an editorial today rejecting a bill being considered this week that would provide mandatory joint custody as the standard in divorces involving children.
This bill would establish a difficult legal standard that is opposed by experts across the state and should not be voted into law, the paper says,
pointing out that it is "a vocal 5 percent that wants the law changed." The paper reiterates comments from judges, who have said the change would not be in the best interest of the children, especially in cases where parents live in different cities.
"Mandatory joint custody would mean that a child is jerked from one school system and sent to another every six months, which would be highly detrimental to the child."

The TBA Action List tracks bills in the General Assembly that the TBA has a direct interest in. This means it has either initiated the legislation, taken a postiion on the bill or has a policy on the issue. The TBA Watch List is a broader list of bills of interest to the Tennessee legal community.

The final round of the American Mock Trial Association's National Intercollegiate Mock Trial Tournament will be held April 16-18 in Memphis and attorneys are needed to serve as judges for any or all of four competition rounds. The event will be held at the Shelby County Courthouse. Lawyers can volunteer their time or receive up to 13 hours of CLE credit. For more information or to register as a volunteer, please contact Whitney Faust (fauwl@rhodes.edu) or Marcus Pohlmann ((pohlmann@rhodes.edu) with the Rhodes College Department of Political Science. The department can be reached by phone at (901) 843-3818.

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